We have spent quite a bit of time here discussing the critical difference between a brand owner’s right to register a trademark, as compared to a brand owner’s right to use a trademark.
We have noted that these are distinct rights — they are not coextensive rights. Just because a brand owner is denied the right to register based on likelihood of confusion doesn’t necessarily mean that the brand owner has infringed the trademark rights of another with prior rights.
We also have expressed concern, but remain hopeful that the U.S. Supreme Court will recognize this important distinction when it hears oral argument in the B&B Hardware case this December.
Now is your chance to learn more about this important topic, and engage on this topic in an upcoming live webinar sponsored by West LegalEdcenter, details can be found here.
I’m looking forward to a lively discussion with Patrick Gallagher of the Norton Rose Fulbright firm and Draeke Weseman of the Weseman Law Office. We hope you’ll join us!